True or False?

1. True or False? • White collar workers have fewer drug problems than blue collar workers. • Marijuana leaves the body with 28 days of smoking it. • Alcoholics drink every day. • It’s safe to experiment with “ice” for a few months. • Hawaii consumes more beer per person than any other state in the nation.

2. Leeward Community College The ALCOHOL And DRUG TESTING (DAT) Program Mandatory Presentation to College Employees of HGEA Bargaining Units 02, 03, and 04 March 1, 2007, GT-105

3. Announcements: • This presentation is an example of “preaching to the choir.” • The program to be presented is NOT about Random Drug Testing.

4. Purpose • Keep the workplace free from the hazards of alcohol and controlled substance use. • Promote employee performance of duty in a safe and productive manner. • Provide “due process” for employees subject to: • Drug and alcohol testing, and • Disciplinary actions that may result.

5. Source Documents • Memorandum of Agreement (MOA) • February 14, 2003 • Hawaii Government Employees Association (HGEA) • Hawaii State Government & County Governments • New collective bargaining provision • Bargaining units (BU) 02, 03, 04, 09, and 13 • Executive Order 03-10 • October 24, 2003 • Excluded employees of BU 02, 03, 04, 09, and 13

6. Definitions • ALCOHOL: “An intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight including methyl alcohol and isopropyl alcohol.” • CONTROLLED SUBSTANCE (DRUG): “Substance other than alcohol such as marijuana, cocaine, opiates, amphetamines, and phencyclidine. Other substances under the Controlled Substance Act may be added after consultation and mutual agreement with Union.”

7. DAT Categories of Employees • Reasonable Suspicion: All Employees • Post-Accident: Regular Drivers • Random: Health, Safety, or Public Trust (HSPT)* Employees • Pre-Duty: Employees Applying For HSPT TA • Probationary: Initial/New HSPT Employees • Return to Work: Employees Who Test Positive • Follow-Up: Employees Continuing Rehabilitation After A Negative Return to Work Test * Deputy Sheriffs and Conservation & Resource Enforcement Officers Only

8. Categories of LCC Employees • Reasonable Suspicion: All Employees • Return to Work: For Employees Who Have Tested Positive • Follow-Up: Employees Continuing Rehabilitation After A Negative Return to Work Test

9. Reasonable Suspicion • BU 02 (Blue Collar Supervisor): Article 50 • BU 03 (White Collar Employee): Article 52 • BU 04 (White Collar Supervisor): Article 50 “The Union and Employer have reached an agreement on alcohol and controlled substance testing. Part one of the agreement pertains to alcohol and controlled substance testing for all Employees based on ‘reasonable suspicion’…”

10. Prohibitions - Alcohol 1. Report to work and work with alcohol concentration of 0.04 or higher. 2. Possess alcohol while working. 3. Consume alcohol while working. 4. Work within 4 hours after using alcohol. 5. Use of alcohol for 8 hours after an accident, or until employees completes alcohol test. 6. Work after voluntarily admitting to alcohol problem until a negative return to work test is received. 7. Refuse to submit to a required alcohol test.

11. Prohibitions - Drugs 1. Report to work and work with a controlled substance in system EXCEPT when prescribed by employee’s physician and used as directed. 2. Possess alcohol while working EXCEPT when prescribed by employee’s physician and used as directed. 3. Work after voluntarily admitting to controlled substance problem until a negative return to work test is received. 4. Refuse to submit to a required alcohol test.

12. Reasonable Suspicion “A supervisor* may direct an employee to submit to an alcohol and/or controlled substance test when that supervisor has reasonable suspicion to believe an employee have violated the prohibitions.” _______________________________ * Employer designate (LCC Administrator or HR staff) who every 5 years has undergone training of at least 1 hour of alcohol misuse training and 1 hour of controlled substance use and indicators of probable use and misuse. LCC officials underwent 4 hours of DAT training in July 2006.

13. Reasonable Suspicion • Based on specific contemporaneous*, articulable** observation by Supervisor of employee’s appearance, behavior, speech, or body odor. • Observed employee witnessed by another employee. • Written record of observation within 24 hours of observation with copy to employee. ___________________________________________ * Current or recent; without unreasonable delay. ** Recognized symptom of impairment of alcohol or controlled substance use, and not reasonably explained by other causes.

14. Testing - General Should there be reasonable suspicion of a violation of the prohibitions, you will receive an Alcohol and/or Controlled Substance Test Notification. • Purpose: Test for Alcohol and/or Controlled Substance • Type of Test: Reasonable Suspicion • Employee to be Tested: Name and Department • Test Information: Date, Time, and Location • Other: “I understand…” Statement

15. Testing - Alcohol • Comply with U.S. DOT rules (as defined) • Protect employee’s privacy and be attributable to correct employee • Method: • Evidential Breath Test Device (EBT) • Conducted by a Breath Alcohol Technician (BAT) • Vendor: Clinical Laboratories of Hawaii • Positive: < 0.04 alcohol concentration level • Confirmatory test mandatory

16. Testing – Controlled Substances • Comply with U.S. DOT rules (as defined) • Protect employee’s privacy and be attributable to correct employee • Method: • “Split Sample” Urinalysis • Immunoassay & Gas Chromatography • Vendor: Clinical Laboratories of Hawaii • Positive: Detection of controlled substances at prohibited concentration levels • Medical Review Officer (MRO) • 3rd Party Certified Laboratory

17. Testing – Primary Question Is there a requirement that you submit to alcohol and drug testing if directed? YES An employee who refuses to “submit to a required test” shall be discharged.

18. Refusal to Test 1. Fails to provided adequate breath for alcohol testing without valid medical explanation. 2. Fails to provide adequate urine sample for controlled substance testing except as determined by medical evaluation.

19. Refusal to Test 1. Fails to provided adequate breath for alcohol testing without valid medical explanation. 2. Fails to provide adequate urine sample for controlled substance testing except as determined by medical evaluation. 3. Engages in conduct that obstructs the testing process such as: • Refusal to take a test by statement or action. • Refusal to sign appropriate forms as required. (Continued)

20. Refusal to Test -Continued 3. Engages in conduct that obstructs the testing process such as: (continued) • Failure to report for a scheduled appointment. • Failure to report at collection site in allotted time. • Failure to provide adequate breath or urine specimen with reasonable time period. • Tampering with or attempting to adulterate specimen or collection procedure. • Failure to cooperate or comply with BAT, MRO, or Substance Abuse Professional (SAP). • Engages in conduct that clearly obstructs the testing process.

21. 2 Strikes and You’re Out 1. First Positive Test: Employee Is Discharged… Unless…Signs “Last Chance Agreement” • Will resign in event of 2nd positive test; • Accept an immediate 20 working day suspension; • Submit to SAP evaluation and complete all educational and rehabilitation requirements; • Submit to Return to Work and follow-up testing recommended by SAP; and • Pay for all treatment and rehabilitation costs.

22. 2 Strikes and You’re Out 1. First Positive Test: Employee Is Discharged… Unless…Signs “Last Chance Agreement” • Will resign in event of 2nd positive test; • Accept an immediate 20 working day suspension; • Submit to SAP evaluation and complete all educational and rehabilitation requirements; • Produce negative test result. • Submit to Return to Work and follow-up testing recommended by SAP. 2. Second Positive Test: Employee Is Discharged.

23. Who Pays? • Employer Expenses: • All Required DAT Tests • SAP Evaluations & Services • Employee Expenses: • Split Urinalysis Testing: 3rd Party Laboratory • Education and Rehabilitation Program • Training Program • Tests in Rehabilitation Program (as required)

24. Employer MOA Requirements • Obtain a signed statement from the employee that you have been provided Employee’s Handbook. • Explain the Drug & Alcohol Testing Program: • DAT employee categories; • Prohibited conduct; • Circumstances that may result in D & A testing; • Procedures that will be used; • “Refusal to Test” definition and examples; • Consequences for violating Agreement; • Effects of alcohol and controlled substances; and • Employee designate information.

25. Effects of Drugs and Alcohol Employee’s Handbook • Alcohol: Pages 22-25 • Marijuana: Page 26 • Cocaine: Page 27 • Opiates: Pages 27-28 • Amphetamines: Page 28 • Phencyclidine: Page 29

26. Employer Designates • Michael Pecsok, Interim Vice Chancellor for Academic Affairs/Chief Academic Officer • James Goodman, Interim Dean, Arts & Sciences • Michael Tagawa, Dean, Career & Technical Education • Nicole Striegel, Dean, Student Services • Mark Lane, Vice Chancellor for Administrative Services _________________________________________________________________________________________________________________________________________ Michael Wong, Campus Personnel Officer Lori Lei Hayashi, Personnel Officer Darren Wastell, Personnel Officer

27. Questions?

28. True or False? • White collar workers have fewer drug problems than blue collar workers. FALSE • Marijuana leaves the body with 28 days of smoking it. FALSE • Alcoholics drink every day. FALSE • It’s safe to experiment with “ice” for a few months. FALSE • Hawaii consumes more beer per person than any other state in the nation. TRUE

29. THANK YOU FOR ATTENDING! Complete, sign, and return form Get your Employee’s Handbook